On February 4, 2018 Order of the Ministry of Internal Affairs as of 01.11.2017 № 827, approving the new Administrative Regulations of the Ministry of Internal Affairs of Russia on processing of foreign labor hire permits and work permits to foreign citizens came into force.
In this administrative regulation, some rules have been amended - in comparison with the previous regulations, approved by the Order of the Federal Migration Service of Russia (FMS) as of 30.10.2014 No. 589, which is recognized as not applicable.
Immediate provision of public services on processing of work permits and foreign labor hire permits is provided by the Ministry of Internal Affairs of Russia, the migration units of territorial bodies of the Ministry of Internal Affairs of Russia at the regional level (previously - abolished FMS).
In the new administrative regulations, the list of applicants for this public service for highly qualified specialists (HQS) has been changed, the next list of categories of applicants was added:
- employers recognized as residents of the territory of advanced social and economic development;
- a management company that is a Russian legal entity entrusted with the implementation of a project to create and operate the Skolkovo Innovation Center;
- a management company that is a Russian organization, joint-stock company exercises the functions of managing an innovative scientific and technological center or its subsidiary;
- foreign citizens in cases established by the legislation of Russia.
An approximate schedule of reception of citizens by officials of the Ministry of Internal Affairs of Russia, participating in the provision of public services was approved, it has not been changed.
The decision on granting public services (on processing of work permit and foreign labor hire permit) to employer or refusal in it will be accepted within 30 calendar days. This period can be extended by 30 working days.
To obtain a work permit, the validity of a foreign citizen's passport, including a highly qualified specialist (HQS), must be at least one and a half years from the date of filing an application or motion.
The term for making a decision to issue a work permit to a foreign citizen from visa country or to refuse to issue a work permit has been extended: this decision is now accepted within 15 working days from the day of receipt of the necessary documents (early regulations of FMS provided term of 10 days).
In case of failure to provide the documents required for the registration of work permit, the term for making a decision to grant the work permit to a foreign citizen or to refuse to issue a work permit upon the applicant's application may be extended to 60 calendar days.
In the case of simultaneous filing by the employer, the customer of the work (services) documents for obtaining permission to engage the foreign labor hire permit provided for both in p. 42 and p. 45 of the Administrative Regulations, the general decision is made within 30 calendar days.
A decision to issue a work permit or to refuse to issue a work permit with respect to a number of categories of foreign citizens is made within 30 working days from the day of receiving the documents required for processing of work permit.
The term for considering the application for a duplicate of the work permit and the permission to attract foreign labor hire permit was changed - the new deadline is 10 working days from the day the application was accepted (previously it was 10 days).
Important aspects are in the regulation of filing documents to the Russian Ministry of Internal Affairs. It is provided that the petition and application on behalf of the legal entity are signed by its head (head of the branch, representative office) or other authorized person having the right to sign without a power of attorney, specifying his position. At the same time, the documents (copies of documents) provided for obtaining public services must be certified by the applicant's signature. Each document (a copy of the document) submitted by the applicant, consisting of two or more sheets, is stitched and numbered, which is recorded on the back of the last sheet of the document.
The list of reasons for refusal to accept an application (petition) and documents required for provision of a public service has been significantly reformulated and amended:
- Absence of one or several documents, the submission of which is provided for in the Administrative Regulations.
- Staying in the territory of Russia in violation of the established procedure of foreign citizen’s stay.
- The presence at the time of filing an application for involvement of highly qualified specialists of unfulfilled decisions on the imposition of administrative punishment for violation of the regime of stay (residence) of foreign citizens in Russia or the procedure for their employment in the territory of Russia.
- The presence at the time of filing an application for involvement of highly qualified specialists decision on prohibition attracting of foreign citizens to work in Russia as highly qualified specialists to employer, customer of work (services).
- In the event that the requirements for the form, the content of the application and the documents attached to it are violated (paragraphs 72 to 75 of the Administrative Regulations), in case of errors in the personal data specified by the applicant or if there are records in the submitted documents executed in pencil or having erasures, strikethrough words, unresolved corrections, as well as in the absence of necessary information, signatures, seals, the applicant is invited to eliminate existing shortcomings and submit documents again.
Also, significant changes occurred in the lists of reasons for refusing to provide government services (issuing work permit and foreign labor hire permit) - these lists are provided in paragraphs 87 and 88 of the administrative regulations. At the same time, the reason for refusing to provide a public service is the response of the relevant authorized federal executive body to the interagency request of the Ministry of Internal Affairs of Russia or the migration unit at the regional level about the absence of information confirming violations or lack of necessary information in the databases.
The size of the state fee is preserved:
- for issuance of foreign labor hire permit - a state fee is 10,000 rubles (paid for each foreign worker involved).
- for issuing a work permit to foreign citizens - a state fee is 3,500 rubles.
Administrative regulations now do not provide that the state duty for correction and extension of work permits is not charged.
For detailed information, please contact consultants of Confidence Group.
The texts of the newsletters are intellectual property of Confidence Group, protected by the copyright laws of Russia. The information may not be reproduced in any form what so ever without linking to this web site or to pages of this website.
